FOURTH SECTION
DECISION
Application no. 27451/16
Vinicius-Florentin NECULA against Romania
and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 24 February 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
The Court received the friendly settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above‑mentioned three‑month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 17 March 2022.
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses
per applicant
(in euros)[1]
27451/16
11/01/2017
Vinicius-Florentin NECULA
1990
27/01/2022
15/11/2021
3,000
41910/16
09/09/2016
Daniel-Cosmin CUS
1976
27/01/2022
03/01/2022
3,000
54408/16
24/11/2016
Alexandru SÎRGHIE
1985
27/01/2022
15/11/2021
3,000
59313/16
12/04/2017
Mugur-Florin-Marius JOLTEA
1971
27/01/2022
19/01/2022
3,000
11611/17
21/04/2017
Vasile NICĂ
1952
20/01/2022
26/01/2022
3,000
24461/17
07/06/2017
Gabriel BOSÎNCEANU
1974
27/01/2022
20/10/2021
5,000
25217/17
27/03/2017
Gheorghe GEANCĂ
1988
20/01/2022
26/01/2022
3,000
62800/17
16/08/2017
Călin-Petru ANDRASONI
1982
Nicoleta Iuga
Arad
27/01/2022
18/01/2022
3,000
71392/17
11/12/2017
Andrei Simon OPRIŞ
1992
27/01/2022
09/11/2021
3,000
74029/17
09/10/2017
Cătălin Aurel CIOBOTARU
1992
Daniela Tonică
Huși
27/01/2022
20/10/2021
3,000
76968/17
31/10/2017
Iulian MOISE
1979
Magdalena-Maria Solea
Bucharest
27/01/2022
15/11/2021
3,000
[1] Plus any tax that may be chargeable to the applicants.